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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask ex for child maintainence

109 replies

msatlantis · 05/07/2016 18:23

I separated from my ex P in January, half way through my pregnancy. He was emotionally abusive, I couldn't take any more, and I didn't want my baby growing up to the tune of his mood swings and viewing his behaviour as the norm.

We lived together in London (his flat). When we split up I stayed in the flat for a bit only when he didn't need it (though he still insisted I still paid toward it as I had been doing). When he needed to stay at the flat I had to find myself temporary accommodation (awful in third trimester of pregnancy.) When my maternity leave commenced I moved to Edinburgh - my family are here and offered support, I also own a property here. I would have been completely on my own had I stayed in London, with ex-P perhaps dropping in when convenient for him to see baby. Ex-P was not happy about me moving to Edinburgh. Said I was making it 'impossible' for him to have a relationship with his child. I understand moving 500 miles away from baby's dad was not ideal, but I needed the support of my family and he had behaved badly toward me. I may have to return to London when my maternity leave finishes in any event.

DS was born in May. Ex-P has not seen him, though I have not put up any barrier to this. Actually, I'm sad for my DS that he hasn't visited. I had to register the birth myself. Since the birth we have had one phone-call. The call was civilised but ex-P made no mention of contributing toward his son's upkeep.

Following the call I applied to the CMS to calculate child maintainence. I didn't want to have the conversation with ex-P as I had a feeling I'd be made to feel bad/unreasonable for asking for money and if ex-P did agree to contribute there's no way he would willingly agree to pay the amount the CMS calculated he should be paying (£750 per month). The amount the CMS calculated is based on ex-P's salary which is about £100k p/a.

Today ex-P has text to say he is 'most disappointed/surprised' to have received a letter from CMS. And that if I 'need/want money we can easily resolve it between ourselves'. He then says: 'it would be better for all concerned to deal with things in an open and above board way and to talk like adults. This is a very disappointing way to conduct our engagement over very difficult and important issues, but I am happy to keep things official from now on if that is what you have decided?'

I don't know how to respond. His text makes me feel bad. I'd think I'd rather keep things amicable, but I know in doing so ex-P will not agree to pay the same amount calculated by the CMS. The amount will also not be subject to any annual review. I also don't need the money right now, but I will do when my maternity pay stops and certainly when I return to work as I will need a full time nanny.

Have I been unreasonable in applying directly to the CMS? And would I be acting unreasonably in continuing to go through the official CMS channel rather than trying to reach and agreement with ex-P? I don't know what to do and how to respond to his message.

OP posts:
Sparklesilverglitter · 13/07/2016 11:25

I'd reply with

"I want to keep Maintence payments all above board and official too so I am sure you will understand my decision to keep the cms claim going"

That is all I would send, plain and simple!

Don't get in to an arguement about what your relationship was like etc that will do no good and achieve nothing.

AyeAmarok · 13/07/2016 11:31

I was thinking exactly what WWW said. All those words and yet nowhere foes he say "I should be paying X, I should have done this since my son was born, I'm sorry I didn't, I have arranged it now".

Bottom line: this isn't about you and what you need and want. This is about your son and his right to have the financial support of both his parents.

If you don't need it, save it for when you do. Because you will.

JackieAndHyde4eva · 13/07/2016 11:37

Wow! He really doesnt want CMS in his life. You have to wonder why that is? Hmm

OP do not respond. Stick to your path. You dont need his permission to do it.

t4gnut · 13/07/2016 11:37

If he wanted to pay his way he'd have put something in place before the baby was born.

Keep it official - no wriggle room for him.

Lweji · 13/07/2016 11:43

- I was more interested in money than an honest assessment of DC's needs

Babies needs are very basic and can be very cheap. Parents don't usually spend only what a baby needs at the most basic level. That is why the CSM sets a minimum percentage of income. Not a needs basis.

It's the benefits system that sets the basic needs when there are no other sources of income.

Don't worry about any of his "arguments", they are just excuses. And really poor at that.

peggyundercrackers · 13/07/2016 12:10

before you went to the CMS had you went to him and told him what your expectations were? did he know how much he would have to pay? does he have your account details to pay you the money?

hes kind of right with regards to mediation - if either of you think of going to court they wont entertain it unless you have been to mediation and spoke to each other.

I don't see why you wouldn't communicate with him and tell him what you want - its childish and not in your childs best interest.

peggyundercrackers · 13/07/2016 12:11

speaking to him about money is not begging - its making arrangements for the care of your child.

WibblyWobblyJellyHead · 13/07/2016 12:12

I reckon he earns a lot more than he's told you.

Lweji · 13/07/2016 12:13

The clue is in "He was emotionally abusive".
He is showing that he is on the last message.

If he was indeed a reasonable person, he'd just have asked for the bank details and tell the OP that there was no need for the CMS as he was already putting the money into her account.

ArmfulOfRoses · 13/07/2016 12:13

Op shouldn't have to do all his research for him though Peggy .
He obviously has internet access so could have found out himself what % of his pay he should be forwarding each month, with a short, polite request for bank details if he doesn't have them already.

Probably wouldn't have taken as long as that wanky email.

FayaMAMA · 13/07/2016 12:15

Keep going with CMS, I don't get much from my girls' dad as he doesn't earn much himself but I wouldn't have seen a single penny without CMS. You're doing the right thing, you don't want to be controlled by the money/him again - everything needs to be public and binding for your safety and your sons. I hope things go well for you.

TheWeeBabySeamus1 · 13/07/2016 12:16

She shouldn't have to ask. Did he have to ask OP, please pay for the roof over our child's head, the heating to keep the house warm and hot water on, clothes, nappies etc? No, she did it automatically because she's an adult who recognises her responsibility to her child. Why does her ex need to be asked/told what to do? He knew the child had been born and chose to ignore his financial duty.

Lweji · 13/07/2016 12:17

He knew the child had been born and chose to ignore his financial duty.

Yes, he knew to complain about the distance, and he sent gifts. So, why not ask how much he should contribute?

JackieAndHyde4eva · 13/07/2016 12:39

had you went to him and told him what your expectations were?

Did he ask?

did he know how much he would have to pay?

Did he go and find out?

does he have your account details to pay you the money?

Did he ask for them?

Why is it OP that has to spoonfeed this man the information for him to care for his own child? Who spoonfed OP the information? Or did she just go and work out for herself what her child would need?

Careforadrink · 13/07/2016 12:43

Jackie

Could not agree more. I'm so fed up with the expectation that women should spoonfeed men.

Grumpyoldblonde · 13/07/2016 13:07

I remember your previous thread well, I'm so glad you got away. No need to feel bad, if he hadn't been such an abusive shit he could still be with you. Official channels would be my advice.

KittiesInsane · 13/07/2016 14:06

What a pompous arse he makes himself sound.

'I fail to understand why you refuse to have a normal conversation with me'... well, the clue would be in the several sides of A4 it takes for him to say, Oops, sorry, I forgot to pay for my child except he still forgot that bit.

Who has time to read through that much guff?

peggyundercrackers · 13/07/2016 14:16

Op shouldn't have to do all his research for him though Peggy

did he know how much he would have to pay?
Did he go and find out?

on other threads about CM lots of people complain they only get the minimum, which is what the CMS ask for - if woman want more than the minimum they need to ask because no one else will do it for them... if you don't ask you don't get!

does he have your account details to pay you the money?
Did he ask for them?

even if he did ask OP isn't talking to him so how would he get the info? Hmm until she starts speaking to him she wont get anything.

why do some people want to make life so hard and difficult? a little bit of co-operation on both sides goes a long way...

Scarydinosaurs · 13/07/2016 14:30

I would reply:

Although I appreciate your reservations, I would prefer to use a 3rd part to organise maintenance in order to ensure regular reliable payments, which I'm sure you will agree will be better for your son.

I have no doubt you want the best for him, and will cooperate in this matter by responding to CMA.

Although the gift card was a kind gesture, it is quite different from making regular financial controbutions- as I'm sure you are aware I am already doing since DS has been born.

Geographical locations should not stop you having a relationship with DS, I hope that you have seen that I would never put any obstruction between you and DS having an organised contact plan.

I really hope he sorts himself out soon OP. It must be awful for you to still be tied to this man.

msatlantis · 13/07/2016 15:03

Thanks for the suggestions. Scary - I like your approach.

Jackie - there are 3 main reasons he goes not want CMS involvement:

  • he does not want to pay the amount as calculated by the CMS (and I don't think he anticipated having to do so)
  • he wants to retain control over me and what I spend
  • his job is very public and if it got out that the CMS were having to chase him it would be sort- of disastrous for his career

Peggy - this man is impossible to communicate with unless the content is what he wants to hear. It took him 4 weeks following DC's birth for me to get hold of him for a phone call. I tried on a number of occasions. The excuses were wide ranging!

OP posts:
JackieAndHyde4eva · 13/07/2016 15:09

on other threads about CM lots of people complain they only get the minimum, which is what the CMS ask for - if woman want more than the minimum they need to ask because no one else will do it for them... if you don't ask you don't get!

What are you on about? Confused this man isnt paying anything. Not the minimum, nothing. He shouldnt need to be asked to pay the minimum.

even if he did ask the OP isnt talking to him so how would he get the info

If he had said straight off "I want to pay £X per month, send me your account details so i can pay it in" i guarantee you OP would have provided them. But he didnt, he wrote two big long texts arguing the toss over how OP should have asked him for money. Not once has he actually offered an amount.

JackieAndHyde4eva · 13/07/2016 15:13

*Jackie - there are 3 main reasons he goes not want CMS involvement:

  • he does not want to pay the amount as calculated by the CMS (and I don't think he anticipated having to do so)
  • he wants to retain control over me and what I spend
  • his job is very public and if it got out that the CMS were having to chase him it would be sort- of disastrous for his career*

Well tough shit. He should have been decent from the start and paid for his hild without being asked.

msatlantis · 13/07/2016 15:17

I don't want to be obstructive or avoid communication with him but what I don't want is to be in a position where I have to negotiate with him over every single thing I need for DS.
I would rather he paid a set amount each month and I'm not sure how we assess what that amount should be - so the CMS calculation seems as fair as any at the moment.

OP posts:
ChazsBrilliantAttitude · 13/07/2016 15:34

I would reply like scary has suggested but add

"Whilst I am pleased that you now appear to be focussing on DS's best interests may I remind you that you no such concerns when making me homeless when 7 months pregnant nor have you made any attempt to offer regular ongoing financial support in the 3 months since DS's birth.

As you have DS's best interests at heart, I am sure you will cooperate fully with the CMS ensuring that the process works efficiently and amicably so you can fully meet your ongoing financial obligations to your son."

ElspethFlashman · 13/07/2016 15:56

Hmmm.....not sure about that one. He sounds like a goady supercilious fucker and that would be a red rag to a bull. It would probably result in an unpleasant email back. Keep your powder dry. You can always remind him of his shittiness at a later date.

But it's not necessary to your reply, which should merely reiterate you will still be going via CMS.

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